Corpus ID: 150950678

The Flaws of Foreign Affairs Legalism

@article{Abebe2011TheFO,
  title={The Flaws of Foreign Affairs Legalism},
  author={Daniel D Abebe and E. Posner},
  journal={Virginia Journal of International Law},
  year={2011},
  volume={51},
  pages={507}
}
Foreign affairs legalism, the dominant approach in academic scholarship on foreign relations law, holds that courts should abandon their traditional deference to the executive in foreign relations, and that courts and Congress should take a more activist role in foreign relations than they have in the past. Foreign affairs legalists believe that greater judicial involvement in foreign relations would curb executive abuses and promote adherence to international law. This Article argues that… Expand
4 Citations

References

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The empirical and political science literature on judicial behavior is enormous
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Rumsfeld : The Functional Case for Foreign Affairs Deference to the Executive Branch , 23 CONST . COMMENT
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